[HISTORY: Adopted by the Borough Council of the Borough of Sayre 1-9-1967 by Ord. No. 429 as Ch. 41 of the 1967 Code. Amendments noted where applicable.]
Be it ordained and enacted by the Council of the Borough of Sayre in the County of Bradford, Commonwealth of Pennsylvania, and it is hereby ordained and enacted by the authority of the same, that permission be and is hereby granted to Pennsylvania Telephone Corporation, its successors and assigns to construct, operate and maintain poles, cables, wires and all other necessary overhead appurtenances on and over the streets, alleys, lanes and highways in the Borough of Sayre, Bradford County, Pennsylvania, and also its conduits, ducts, mains, pipes, cables, wires, manholes, distributing poles and all other necessary appurtenances on, in and under streets, alleys, lanes and highways in the Borough of Sayre, County of Bradford, Pennsylvania, and to use the overhead and underground systems of other companies and to permit other companies to use the overhead and underground systems under such arrangements as such companies may agree.
All poles shall be of a smooth and presentable appearance and shall be erected in a proper and workmanlike manner, and no poles shall be placed directly in front of or opposite any gate, driveway or entrance to abutting property; and, in the construction system, said company shall not obstruct or encumber more of any street, alley, lane or highway than will be necessary to enable it to perform the work with proper economy and efficiency. Wherever reasonably practical, all setting of poles by the company will be made on property lines.
The location of all poles shall be under the direction and subject to the approval of the proper committee of the Council to whom may be delegated power and authority by the Council to fix and establish said location. The company shall replace and properly relay any sidewalk or street pavement which may have been displaced or damaged by it in the construction and maintenance of its overhead and underground conduit system.
The poles erected and the underground conduit constructed by virtue of the authority herein conferred may at any time be used by the borough for carrying fire-alarm or other signal wires owned, controlled and operated by the borough, without charge, and the employees of the borough shall have the right of access for the installation, repair and maintenance of said fire-alarm or signal wires, provided that said wires are placed and maintained in accordance with the specifications of the company, and in no case shall such wires be used to carry high-tension currents.
Said company shall maintain all poles, cables, wires, conduits, ducts, mains, manholes, distributing poles and other necessary appurtenances erected or constructed under the provisions of this ordinance in good and safe condition and shall at all times indemnify, protect and save harmless the borough from and against all actions, suits, damages, charges, claims and demands and against all lose and necessary expenditures arising from the erection, construction, maintenance and operation of its overhead and underground conduit system.
The grant herein conferred upon said company, its successors and assigns shall in no case be regarded or construed as an exclusive franchise; the borough reserves unto itself the right to grant such other or different licenses and franchises relating to the subject matter hereof as it may from time to time deem beneficial to the public.
This ordinance shall be null and void unless Pennsylvania Telephone Corporation shall file under its seal an acceptance of the terms and conditions hereof, signed by its proper officials, within 60 days from the date of passage of this ordinance.
The rights and privileges hereby granted to Pennsylvania Telephone Corporation, its successors and assigns shall extend for a period of 50 years from the date hereof.
It is hereby understood and agreed that neither the purpose nor intent nor the obligation of this contract, if and when approved by the Public Utility Commission of the Commonwealth of Pennsylvania, is such as to impair or in any wise affect the exercise of said Commission of any of the powers vested in it by the Public Utility Law approved May 28, 1937.
Upon the acceptance of the ordinance by the company as hereinabove provided, all ordinances or parts of ordinances conflicting with the provisions hereof be and the same hereby are repealed insofar as they affect said company.
All legal advertising or printing costs incurred by the Borough of Sayre, Bradford County, Pennsylvania, in connection with the enactment of this ordinance shall be paid by said company.